WVC 18 - 10 M- 6
§18-10M-6. Statewide Independent Living Council.
(a) The West Virginia Statewide Independent Living Council is
continued as a not-for-profit corporation which has been organized
to meet the requirements of the Federal Rehabilitation Act:
Provided, That the council may not be established as an entity
within any agency or political subdivision of the state. The
council shall be governed by a board of directors, consisting of
the voting members of the council, as provided in this section.
The composition of this board of directors, as well as the
composition of the full council's membership, shall include a
majority of members who are persons with disabilities, as defined
in the state plan, and a majority of members who are not employed
by any agency of the state or Center for Independent Living. The
council's membership shall reflect balanced geographical
representation, diverse backgrounds and the full range of
disabilities recognized under the federal act, including physical,
mental, cognitive, sensory and multiple.

(b) The council shall function as a partner with the Division
of Rehabilitation Services in the planning and provision of
independent living services in the state. In conjunction with the
division, the council shall develop, approve and submit to the
proper federal authorities the state plan for independent living,
as required by the federal act. The council shall monitor, review
and evaluate the effectiveness of the implementation of the state
plan.

(c) Voting members. -- The council shall consist of
twenty-four voting members including: one director of an
Independent Living Center chosen by the directors of the
independent living centers in the state. The Governor shall select
appointments from among the nominations submitted by organizations
representing a wide range of individuals with disabilities and
other interested groups, as coordinated by the council, by and with
the advice and consent of the Senate. These members may include
other representatives from Centers for Independent Living, parents
and guardians of individuals with disabilities, advocates of
individuals with disabilities, representatives from the business
and educational sectors, representatives of organizations that
provide services for individuals with disabilities and other
interested individuals, as appropriate to the purpose of the
council.

(d) Nonvoting members. -- The membership of the council shall
also include the following, nonvoting, ex officio members or their
designees:

(1) A representative of the Division of Rehabilitation
Services;

(2) A representative of the Office of Behavioral Health
Services within the Department of Health and Human Resources;

(3) A representative of the West Virginia Housing Development
Fund;

(4) A representative of the West Virginia Association of Rehabilitation Facilities;

(5) A representative of the Bureau of Senior Services; and

(6) A representative of the Office of Special Education
Programs and Assurance in the Department of Education.

(e) The nonvoting membership may also include additional
representatives of groups represented on the board of directors.

(f) Appointment. -- All council members are appointed by the
Governor. The Governor shall appoint from among the nominations
submitted by organizations representing a wide range of individuals
with disabilities and other interested groups, as coordinated by
the council.

(g) Terms of appointment. -- All council members are appointed
to serve for a term of three years, except that a member appointed
to fill a vacancy occurring prior to the expiration of the term for
which a predecessor was appointed shall be appointed for the
remainder of the unexpired term. No member of the council may
serve more than two consecutive full terms.

(h) Vacancies. -- Any vacancy occurring in the appointed
membership of the council shall be filled in the same manner as the
original appointment. A vacancy does not affect the power of the
remaining members to execute the duties of the council.

(i) Delegation. -- The Governor may delegate the authority to
fill a vacancy to the remaining voting members of the council after
initial appointments have been made.

(j) Duties. -- The council shall:

(1) In conjunction with the Division of Rehabilitation
Services, develop and sign the state plan for independent living;

(2) Monitor, review and evaluate the implementation of the
state plan;

(3) Coordinate activities with the state rehabilitation
council and other bodies that address the needs of specific
disability populations and issues under other federal and state
law;

(4) Ensure that all regularly scheduled meetings of the
council are open to the public and sufficient advance notice is
provided; and

(5) Submit to the federal funding agency such periodic reports
as are required and keep such records and afford access to such
records, as may be necessary to verify such reports.

(6) Ensure that the state plan for independent living sets
forth the steps that will be taken to maximize the cooperation,
coordination and working relationships among:

(A) The Independent Living Rehabilitation Service Program, the
Statewide Independent Living Council, and Centers for Independent
Living; and

(B) The designated state unit, other state agencies
represented on the council, other councils that address the needs
of specific disability populations and issues, and other public and
private entities determined to be appropriate by the council.

(k) Staffing and resources. -- The council may employ staff as necessary to perform the functions of the council, including an
executive director, an administrative assistant and other staff as
may be determined necessary by the council. The council shall
supervise and evaluate staff. The council shall prepare, in
conjunction with the division, a plan for the use of available
resources as may be necessary to carry out the functions and duties
of the council pursuant to this article, utilizing eligible federal
funds, funds made available under this article and funds from other
public and private sources. This resource plan shall, to the
maximum extent possible, rely on the use of existing resources
during the period of plan implementation.

(l) Compensation and expenses. -- The council may use
resources that are available to it to reimburse members of the
council for reasonable and necessary expenses incurred in the
performance of their duties, including attending council meetings,
and to pay reasonable compensation to any member of the council who
is either not employed by the state or is not otherwise compensated
by his or her employer for performance of duties associated with
the council, up to $50 per day.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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